Terms rev: 10.10.2021
The web sites www.studionordnes.com, and www.christinelensberg.com, (“the Sites”) are owned and operated by Studio Nordnes AS, a joint stock Company registered in Norway under Company number 923 725 245 and with our registered office in Haugeveien 11, 5005 Bergen, Norway.
These Terms and Conditions (“Terms”) apply to all Services provided by the Company to a Client (both hereinafter - the “Parties”).
Please read these Terms carefully before placing an Order. By purchasing Services and/or products on this Sites, you agree to be bound by these Terms. If you are not willing to be such bound, do not purchase Services or products from the Sites!
No one shall purchase any Services or products from the Sites if below the age of 18 years old, as minors do not have legal capacity to enter into a contract.
Under these Terms, the following expressions shall have the hereunder said meanings:
1.1. Client: Any individual or organisation who enters into a Contract for Services with the Company
1.2. Coach: A designated tutor that conveys a Client under a Contract
1.3. Coaching: A process for partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.
1.5. Fee(s): The payment for Services as outlined in these Terms and the Contract.
1.6. Intellectual Property Rights: Any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world whether or not presently existing or applied for.
1.7. Materials: Any artwork, graphic design, web design, logo design, slogans, search engine optimisation, video, photography, copy, text, learning, ideas, and content in its entirety or in part, which the Company have produced or inspired.
1.8. Mentor: A designated resource who provides a Client help and advice over a period of time.
1.9. Mentoring: A learning relationship, focused on long term development. The primary purpose is to drive personal growth; building skills, knowledge and understanding by the knowledge, power, and influence of the Company’s Mentor.
1.10. Order: Any request to the Company for supply of Services or products – by use of the Company’s online order form.
1.11. Services: All Coaching and Mentoring services provided by the Company in form of online courses, training videos, webinars, food guides, exercises, by any virtual platform or other forms of materials, individually and/or in sequence, as described in the Contract.
1.12. Service Provider: CHRISTINE LENSBERG - acting on behalf of the Company as Mentor and/or Coach towards a Client under a Contract. Her qualifications are solely based on personal experience and research.
2. EFFECTIVE CONTRACT
2.1. These Terms will become binding on the Parties, and a Contract will such come into effect between them in form of a written acceptance of the Order – as issued to the Client by email (E-Confirmation). The Company is not bound by an Order unless it has accepted it by E- confirmation.
2.2. These Terms shall supersede any other documentation or communication between the Parties.
2.3. If there is any conflict between the Terms and any term of an E-Confirmation, the Confirmation will take priority.
2.4. Nothing in these Terms shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any law or regulation.
3. SERVICES AND DELIVERY
3.1. The Services to be provided shall be as described in the Contract.
3.2. Any variation to the Services under a Contract must be agreed by the Parties in writing.
3.3. The Company may alter techniques of its Services at any time. The Company shall notify the Client in writing of any such changes.
3.4. The Services shall commence on the agreed start and shall continue (subject to the terms of the Contract) for the duration of the Service period agreed to.
3.5. The Services shall be carried out at the location described in the Contract or other location as agreed by the Company.
3.6. Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Contract, and the Company shall not be held liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Services.
3.7. The time of all meetings between the Company and the Client will be determined by both Parties based on a mutually agreed time plan. The meetings will be conducted at a virtual platform (hereunder but not limited to platforms as Facebook, Zoom etc), through links provided by the Company on or before the day prior to each session. Duration of Each Session and number of sessions will be as described in Annex A.
3.8. All sessions shall be conducted on an individual or shared basis as agreed with the Company and specified on the Contract.
3.9. The sessions can take place in person, by phone or online - as determined and intimated by the Company to the Client.
4. CLIENT OBLIGATIONS
4.1. The Client agrees to fully comply with these Terms.
4.2. The Client must attend Sessions promptly and be prepared for all meetings with the Service Provider, including making telephone calls or sending any requested e-mails on time. If the Client is delayed in respect of these commitments the Company shall not be under any duty to extend the time of the session or reply to any telephone or e-mail messages.
4.3. The Client must ensure that regular practice of learned skills is undertaken between each session and any tasks set by the Company are completed in full.
4.4. The Client agrees to pay the Fees as specified in the Contract.
4.5. The Client must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour will result in termination of this Contract. In such cases no refunds shall be payable by the Company to the Client.
4.6. The Client must bring to the attention of the Company any dissatisfaction with the Services as soon as the Client becomes aware of such issues.
4.7. Persons other than the Client are not permitted to attend a lesson unless the prior consent of the Company has been obtained.
4.8. The Client must take responsibility for their own development and the exploration of new ideas, strategies, and approaches.
4.9. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor and should not discontinue any prescription medications without first consulting his or her doctor.
4.10. It is the responsibility of the Client to seek the help of a licensed professional if he or she feels the need to see a professional counsellor, therapist, or other medical provider. The Services are not in any respect a substitute for medical advice, care, or treatment.
5. COMPANY OBLIGATIONS
The Company shall:
5.1. Supply the Services as specified in the Contract.
5.2. Perform the Services with reasonable skill and care and to a reasonable standard.
5.3. Hold the relevant experience required to provide the Services.
5.4. Hold all necessary insurance policies required to provide the Services.
5.5. Provide the agreed support for the facilitation of the Client’s development against an agreed set of objectives. The Company cannot guarantee the achievement of these objectives.
5.6. Maintain the strictest confidentiality in terms of the Client’s personal information, Intellectual Property, and business affairs, unless there are exceptional reasons (such as risk to health, personal safety, or infringement of the law).
5.7. Be prepared and on time for all meetings with the Client.
5.8. Provide honest feedback to the Client.
5.9. Devote sufficient time and effort to the Services.
5.10.Endeavour to provide up-to-date health related information and helpful advice.
5.11. Provide inspiring coaching for the Client.
The Company will:
5.12. Seek to enable the Client to improve the quality and success of their effort and to achieve other desired outcomes. However, the Client has sole responsibility for taking important decisions for own objectives and ambitions, and for the achievement of desired results. The Company has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of Sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a physical and/or mental health improvement in quality or success of their effort or to achieve their desired outcomes or goals.
5.13. Seek to enable the Client to set and achieve goals that will help to bring about desired outcomes for the Client. The Client has sole responsibility for any decisions they may make following Services from the Company.
6. FEES AND PAYMENT
6.1. The price for Services is specified in Annex A and is exclusive of VAT and any other charges.
6.2. Payment shall be done up front as per the booking link and/or order form for the Services on Sites. The Client is responsible for paying the full investment for the Services and commits to financial willingness and ability to invest in these Services by choice, and by doing so, Client is not in any way incurring any economic hardship.
6.3. In the event that there is a problem with the payment transaction or method, Client will be notified by email and then have 72 hours to make the payment, whether paid in full or by instalment, otherwise the Services will be automatically terminated, and no refund will be provided. The Client must settle all payments for Services in advance of the Services being delivered or within 30 days of any invoices issued.
6.4. The Client is not entitled to withhold any payments due to faults by the Company.
7. REFUNDS AND CANCELLATION
7.1. Payments for Fees are non-refundable and non-transferable.
7.2. Should a Client not experience the Services as satisfactory or according to expectations, notice of this should be given the Company without delay. Should a Client be unhappy with the 1-1 support (please understand that the Mentor/Coach will have invested considerable time and effort in providing the Services), the Client will still remain fully responsible for the already completed sessions and no refund will be provided.
7.3. A refund is only considered in exceptional circumstances where the Client contacts the Company within 24 hours of a booked session. Any such refund is made at the discretion of the Company and is subject to an administration fee of 10% deducted prior to any refund being made.
7.4. The provisions 22 C of the Right of Withdrawal Act - allowing for a withdrawal period of 14 days for EU/EEA citizens, does not apply when the Company has fulfilled its obligations under the Contract, as delivery has started with the Client's express prior consent, and the Client has accepted in writing that the right of withdrawal will be lost once Studio Nordnes has completed delivery of Services under the Contract. The Company can claim payment for what the Client already has received - if withdrawal from purchase is claimed within that period. For withdrawal from Contract of Services, the Withdrawal Form must be sent the Company by e-mail at the latest 14 days after confirmed purchase.
7.5. It is the responsibility of the Client to provide a minimum of twenty-four (24) hours’ notice if unable to attend a scheduled meeting. The Company is not obligated to reschedule or offer a refund or a credit for any meeting missed by the Client without twenty-four (24) hours’ notice, though the Company may, at their own discretion, attempt to reschedule where appropriate.
7.6. In exceptional circumstances the Company may need to rearrange a Session; in these circumstances the Company will use reasonable endeavours to provide a mutually satisfactory alternative appointment for the Client.
7.7. Fees are non-refundable in the event of cancellation of a session or course of sessions on the part of the Client. Clients are advised to hold insurance to cover such circumstances.
7.8. If the Company is unable to hold a booked Session all attempts will be made to provide an alternative mentor of the same professional standard or to offer an alternative date that is suitable to the Client.
7.9. In the event that the Company cancels a session a new session will be offered to the Client.
7.10. In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the Client, actual or potential conflict of interest, or other reasons, the Company can decide to terminate the Service to the Client early, or refuse or be unable to provide further Sessions to the Client. In such a circumstance the Client will be given reasonable notice of termination by the Company and where practicable will be refunded any advance payments made for Sessions not yet provided. Online courses already given access to will however not be refunded. This will constitute one third of the price of the Services.
8. PERSONAL INFORMATION
8.1. The Company shall comply with the EU Data Protection Act 1998 and any other applicable data protection legislation concerning the processing of the Client’s personal data.
8.2. All documentation and information supplied to the Company by the Client in Sessions will be treated as confidential. It will not be disclosed to any other (Third party) without the Client’s prior permission, except save where required by law.
8.4. The Company will respect the Client’s privacy and seek written permission before disclosing a client relation to a Third party - unless compelled to by law.
9.1. Either of the Parties may terminate a Contract within 72 hours by providing written notice to the other party by e-mail. The Company reserves the right to terminate a Contract if the Client repeatedly missed payment or repeatedly missed their support calls without providing proper notice. All terms of a Contract, including all Payment and Refund Policy terms, will still apply even after termination by either of the Parties.
9.2. The Client may terminate the Contract if the Company fails to comply with any aspect of these Terms and this failure continues for a period of 30 days after notification of non-compliance is given.
9.3. In the event of termination, the Client must pay to the Company for Services incurred up to the date of termination.
9.4. Any rights to terminate the Contract shall be without prejudice to any other accrued rights and liabilities of the Parties arising in any way out of the Contract as of the date of termination.
10. LIMITATION OF LIABILITY
10.1. The Company has no liability for the Client’s actions, or any loss incurred by any Client, whether financial or otherwise, following commencement of Services, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in quality of or to achieve their desired outcomes or goals.
10.2. The Company shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client or other third party howsoever caused, as a result of any negligence, breach of Contract, misrepresentation or otherwise.
10.3. The Company shall not be liable for any direct loss or damage suffered by the Client, or third party howsoever caused, as a result of any negligence, breach of Contract or otherwise in excess of the sum insured under the insurance policy held by the Company in the insurance year in which the claim is first notified.
11. MEDICAL DISCLAIMER
11.1. The Services provided from the Company are neither counselling, nor therapy. It is a relationship between the Parties, where the progress in part depends on the Client’s commitment to the process and willingness to take action.
11.2. The role of the Company is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.
11.3. The Service Provider is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and any advice given by the Service Provider is not meant to take the place of advice by these professionals.
11.4. Any information and content such as text, graphics, and images found within our Services or our Sites or from its owners, contributors, and assignees, is for general educational, and informational purposes only. Such information is not intended nor otherwise implied to be medical advice or a substitute for medical advice, diagnosis, or treatment.
11.5. Neither the Sites nor its owner do recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance upon the information provided by the Sites and its owners, contributors, and assignees, is solely at Clients own risk. Information from the Sites - including but not limited to product descriptions, customer testimonials etc, should NEVER be used for the diagnosis and/or treatment of any health issue or for the prescription of any medication or treatment.
11.6. The information on the Sites has not been evaluated or approved by any national or International health authority and is not necessarily based on scientific evidence from any source. The products and Services of the Company is intended to support general well-being and do not intend to treat, diagnose, mitigate, prevent, or cure any condition or disease.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Sites are the proprietary property of the Company and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the “Content”) and the trademarks, course names, service marks, and logos contained therein (the “Marks”) are owned or controlled by or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights of Norway, foreign jurisdictions, and International conventions.
12.2. The Content and the Marks are provided on the Sites “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
12.3. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Sites, the Content, and the Marks.
The Client shall indemnify the Company against all claims, costs, and expenses which the Company may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms.
14. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Contract without the prior written consent of the Company.
16. THIRD PARTY RIGHTS
Nothing in these Terms intend to or confer any rights on a third party.
If any term or provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms.
Any notice to be given by either party to the other may be served by email or by post to the address of the other party given in the Contract or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20. MODIFICATIONS AND INTERRUPTIONS
20.1. The Company reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Sites. We also reserve the right to modify or discontinue all or part of the Sites without notice at any time.
20.2. We will not be liable to you or any Third party for any modification, price change, suspension, or discontinuance of the Sites.
20.3. We cannot guarantee the Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors.
20.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites during any downtime or discontinuance of the Sites.
20.5. The Company reserve the right, at our discretion, to modify, add, or remove any or all of these Terms at any time and each such change shall be effective immediately upon posting.
20.6. Terms should be checked periodically for changes.
20.7. Continued use of the Sites and purchase of Services or products on the Sites following the posting of changes to these Terms will mean Client accepts those changes.
20.8. If the revised terms apply to any existing provision of Services under a Contract, the Company will notify Client of the changes.
Both Parties warrant their authority to enter into this Contract and have obtained all necessary approvals to do so.
22. ENTIRE AGREEMENT
The Contract supersedes all previous agreements, promises, assurances, warranties, representations, and understandings between the Parties, whether written or oral, relating to its subject matter.
23. GOVERNING LAW
23.1. In the event that a dispute or difference under a Contract is not solved by negotiations between the Parties, it shall be brought before the courts, unless the Parties agree on arbitration.
23.2. The fact that a dispute has been brought before the court or referred to arbitration, does not in itself relieve the Parties of their obligations under the Contract.
23.3. A Contract shall be governed by and construed in accordance with the laws of Norway and the Parties hereby submit to the exclusive jurisdiction of the Norwegian courts.
In order to receive further information regarding Terms, or use of the Sites, or to resolve a complaint regarding the Sites or any other matters related to the Services”, please contact the Company at:
Studio Nordnes AS
Haugeveien 11, 5005 Bergen, Norway
+47 98064410 firstname.lastname@example.org